Troy McCain Troy Williams Pavement Coordinator Inspector City of Lakeland City of Lakeland

Title II of the ADA

Applies to:

Facilities built after 1990;

Pre-existing facilities;

All public entities, such as State and local governments, even if they are not recipients of federal funding.

Objectives

• Review technical bulletins 2013/2015 in regards to adjacent ADA curb ramps and sidewalk during resurfacing (alterations) of roadways.

• General discussion of building a new ramp.

• General discussion of Sidewalks

• Actions that the City of Lakeland is taking to comply with ADA /Transition Plan rules

Authority Agencies

• The Department of Justice (DOJ) has rulemaking authority and enforcement responsibility for Title II

• DOJ’s and DOT’s (FDOT) ADA Standards constitute design and construction requirements issued under a civil rights law.

• Entities covered by the law ultimately are responsible for ensuring compliance with the ADA Standards in new construction and alterations.

AccessBoard

Confused?

Confusion???

• For most municipalities, there is confusion between the intent of the ADA, as a civil rights law, and various related design guidelines such as UFAS, ADAAG, PROWAAG, FDOT, and DOJ standards.

Litigation Avoidance

• Chicago agrees to Pay Largest ADA Curb Ramp Settlement Ever -- $50,000,000 in New Money (5 years)

• Caltrans settles lawsuit over disabled access -The agency proposes to spend $1.1 billion to ease use of sidewalks, crosswalks and park-and-ride facilities. (30 years)

• Penn DOT ramping up efforts on curb cuts -Lawsuits prompt budgeting of $820 million to improve access for disabled (10 years)

Litigation Avoidance(closer to home)

• Justice Department Reaches Settlement Agreement with City of Jacksonville, Fla., to Ensure Civic Access for People with Disabilities

• Justice Department agreement between United States of America and City of Fort Myers under the American with Disabilities Act DJ:204-17M-413

2013

More Questions Resurfacing of Roadways

How Did This Joint DOJ/DOT (FHWA)Technical Assistance Come About?

Alterations vs. Maintenance

Prior DOT guidance from September 2006 stated

More specific examples of alterations and maintenance

Including distinction between structural resurfacing (alteration) and non-structural resurfacing (maintenance)

Different levels of specificity defining alterations between DOJ and DOT created:

Confusion in application

Inconsistency in enforcement

Questions from stakeholders

BRIEFING MEMO SUBJECT: Department of Justice/Department of Transportation Joint Technical

Assistance on Title II of the Americans with Disabilities Act Requirements to Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing

ISSUE: Throughout the nation, there are different interpretations and inconsistencies in

enforcement of when curb ramps are required.

ADA Maintenance ADA Alterations

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Joint DOJ/DOT (FHWA)Technical Assistance

Joint Technical Assistance

Distinguishes alterations from maintenance based on the type of road treatment:

Chip Seals Fog Seals Scrub Sealing

Crack Filling and Sealing Joint Crack Seals Slurry Seals

Diamond Grinding Joint repairs Spot High-Friction Treatments

Dowel Bar Retrofit Pavement Patching Surface Sealing

Addition of New Layer of Asphalt Mill & Fill / Mill & Overlay

Cape Seals New Construction

Hot In-Place Recycling Open-graded Surface Course

Microsurfacing / Thin-Lift Overlay Rehabilitation and Reconstruction

Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services Act Title II regulations

(as amended by the final rule published on September 15, 2010

Compliance Date for New Construction or Alterations

Applicable Standards

Before September 15, 2010 1991 Standards or UFAS

On or after September 15, 2010, and before March 15, 2012

1991 Standards, UFAS, or2010 Standards

On or after March 15, 2012 2010 Standards

Appendix

35.151(c)

On or after March 15, 2012 2010 Standards

• City of Lakeland looked at above date and began looking at prior years resurfacing programs.

• Utilized the PROWAAG requirements

• Stopped all planned resurfacing until ramps along previous resurfacing we brought of to new standards

• Utilized GIS to identify ramps adjacent to resurfaced roads.

• We were not alone…

ADA

Complianc

e Training

ADA Law Requires

• Overlays and resurfacing =

alteration.

Curb ramps must meet the latest

standards. As per Federal court

case (Kinney vs. Yerusallim, 813 F.

Supp. 547 F.D. PA 1993)

Resurfacing

improved/altered

the crosswalk

28 C.F.R. § 35.151(b) Alterations have to be made readily accessible,

within the impacting project, to the maximum extent feasible.

Kinney v. Yerusalim - Court held that the

Resurfacing constituted

an alteration

ADA 2010 (PROWAAG) some of requirements

• Clear Width

• The curb ramp must be clear of obstacles within the required clear width of 48 inches. This clear width applies to the pedestrian access route within the ramp, which includes the ramp run, exclusive of flared sides.

• Detectable Warning Surface

• Curb ramps shall have a detectable warning surface consisting of truncated domes extending along the full width of the curb ramp.

• Turning Space or Level Landing

• A minimum 4’ x 4’ turning space shall be provided at the bottom of a parallel curb ramp or the top of a perpendicular curb ramp. If the turning space is constrained on 2 or more sides, the turning space shall be 4’ x 5’. The 5’ dimension is in the direction of the street crossing.

• The maximum slope of the turning space is 2%

Action steps

• Created a checklist to determine if existing ramps along planned resurfacing met 2010 compliant.

• Initially had engineer go out with form contained within an Ipad.

• Once determination was made to replace contract was put in place to begin rebuilding ramps

• Learning process between divisions as well as contractor. What is best way to build

Developed a Ramp checklist

What division has final say of design??Engineering/Maintenance

More on that later…..

Obstacles faced

Utilities

Adjusting Brick Roads

Adjusting Asphalt Roads

Cost of New Ramps

• 84 (number of ramps built)

• Sidewalk 4” associated with Ramp $5,568

• ADA Ramp 6” $74,263

• Brick Repair (Crosswalks etc) $699.00

• Domes $25,988

• Asphalt Repair (COL Crews) $17,087

• Total $123,605

Comparing 2013 and 2015 Bulletins

2013 Again what we previously pursued

• An important part of this requirement is the obligation whenever streets, roadways, or highways are altered to provide curb ramps where street level pedestrian walkways cross curbs. This requirement is intended to ensure the accessibility and usability of the pedestrian walkway for persons with disabilities.

December 2015

• Q1: When a pavement treatment is considered an alteration under the ADA and there is a curb ramp at the juncture of the altered road and an existing sidewalk (or other prepared surface for pedestrian use), but the curb ramp does not meet the current ADA Standards, does the curb ramp have to be updated to meet the current ADA Standards at the time of the pavement treatment?

2015 cont..

• Answer (A1): It depends on whether the existing curb ramp meets the appropriate accessibility standard that was in place at the time it was newly constructed or last altered

2015 cont…

• As a result of this “safe harbor” provision, if a curb ramp was built or altered prior to March 15, 2012, and complies with the requirements for curb ramps in either the 1991 ADA Standards for Accessible Design (1991 Standards, known prior to 2010 as the 1991 ADA Accessibility Guidelines, or the 1991 ADAAG) or UFAS, it does not have to be modified to comply with the requirements in the 2010 Standards

Similarities 1991 and 2010 • In order to field verify that a curb ramp is compliant to the 1991 standard,

evaluate the following criteria: • Running Slope • The maximum slope of a ramp run shall not exceed 1:12 (8.3%). This

standard applies to both the 1991 and to current standards.

• Counter Slope • The maximum slope of adjoining gutters, road surface immediately

adjacent to the curb ramp, or accessible route shall not exceed 1:20 (5%). This standard applies to both the 1991 and to current standards.

• If all other criteria meet the 1991 standard, but the existing counter slope exceeds 5%, and the resurfaced road will result in meeting the standard, this criterion alone does not trigger the requirement to upgrade the ramp, because it would be 1991 compliant without performing any work on the ramp.

• Cross Slope • Nowhere shall the cross slope of an accessible route exceed 1:50 (2%). This

standard applies to both the 1991 and to current standards.

Differences between 1991 and 2010• Clear Widths 1991 36” ____ 2010 48”

• No turning space or level landing requirement existed for curb ramps in the 1991 .

• Question- Is Landing required at both top and bottom?

• Answer: • It’s required through FDOT from the ADA Standards for each curb ramp to have a landing at the top (2% max. slope, to provide an opportunity for a wheelchair to pass the curb ramp on the sidewalk) and at the bottom (5% max. slope, to provide transition and maneuvering space).• Dean Perkins, Architect, CPM• ADA Coordinator, Florida DOT

Sidewalks Prior to 2015

• On January 22, 2004, in the case of

Barden v. Sacramento, the 9th Circuit

Court ruled that sidewalks were a

“program” under ADA and must be made

accessible to persons with disabilities

• Previously only curb ramps were looked at during projects.

December 2015 Brief

• Q8: If an existing curb ramp is replaced as part of a resurfacing alteration, is there an obligation to address existing obstacles on the adjacent sidewalk at the same time?

December 2015• A8: No. The Joint Technical Assistance addresses

those requirements that are triggered when a public entity alters a roadway where the roadway intersects a street level pedestrian walkway (28 CFR 35.151(i)). Public entities are required to address other barriers on existing sidewalks, such as steep cross slopes or obstructions, as part of their on-going program access and transition plan obligations under title II of the ADA and Section 504 and in response to requests for reasonable modifications under the ADA or reasonable accommodations under Section 504. See 28 CFR 35.105, 35.130(b)(7), and 35.150(d); see also 49 CFR 27.7(e), 27.11(c)(2).

Basics of Curb Ramps/Sidewalks during resurfacing

• ADA Title II – Public Services

• – Ramps built prior March 15,2012 must meet 1991 specifications for slope.

• – Surface must Stable, Firm, Slip Resistant

• – Must have detectable warning

• – Elevation difference ¼” Max

• – Features on sidewalks and curb ramps must be accessible

ADA

Complianc

e Training

Basic ADA RequirementsSurface - SSttaabbllee,, Firm & Slip RReessiissttaanntt

Designing Pedestrian Facilities for Accessibility

ADA

Complianc

e Training

Basic ADA Requirements

• Detectable Warning Surface (DWS)

What is a DWS?

Raised truncated domes in a rectangular array.

Where do you place them?

Placed across the bottom of the curb ramp.

What exactly do they do?

Aid those visually impaired to identify the end of the

ramp.

DWS = Stop

guidance does not specify a particular color but requires the detectable warning to

be a color that contrasts with the sidewalk---light on dark or dark on light

Designing Pedestrian Facilities for Accessibility

ADA

Complianc

e Training

Basic ADA Requirements

Elevation

Differences

¼”Max” max

Unexpected vertical drops or vertical rises in grade within the pedestrian path

can cause falls and wheelchairs to bottom out.

Designing Pedestrian Facilities for Accessibility

ADA Law Requires

• Existing facilities that have not been altered,

shall not deny access to persons with disabilities

The absence of a

curb ramp denies

access to the

existing sidewalk.

Pedestrian Access Route (PAR)

But the plans said…

New (Resurfacing) ProjectAs of 12/2015

If it is considered an Alteration

Existing Sidewalks /

Curb Ramps

No

Proceed w/Work

Yes

Meets 1991 or 2010 Standards (Record in GIS)

Yes*

Proceed w/Work

No

Install/Update Curb

Ramps/Sidewalk record in GIS

*If sidewalk work is performed, then

curb ramps must be updated to 2010

standards

City of Lakeland

• Currently have GIS database of all ramps

• Those ramps within resurfacing, will be documented as part of asset of ramp feature if they met 1991 specifications. (Yes/No)

• If not brought up to 2010 standards these ramps will need to be addressed in transition plan.

City of Lakeland Concerns moving forward

• Who performs inspections of over 4,000 ramps?? (Surveyors, Inspectors, Trades workers)

• How to get data into corporate GIS database (IPad utilizing ArcGIS online?)

• Tracking cost of ADA transition plans

Best Practice going forward

• ADA/ Sidewalk complaints seem to be fairly commonplace

• frequently be resolved without the need for costly litigation.

• The best defense to an ADA complaint is compliance with the law.

• Maintain and keep you transitions plans fluid

C ont… To comp ly w i th A DA ev e r y sta te a nd loca l g ov e rnme nt i s re q u i re d to p re p a re s e l f

ev a lua t ion re p ortA DA Tra ns i t ion P la n

• Corrective Measures to be taken

• Implement a schedule for compliancy ( begin with access to public facilities, city programs and services.

• Create a financing plan as well as supportive policies to present to stakeholders/commissioners.

The Future of Facilities within Public

Rights of Way? (FDOT)

• USDOT / FHWA recommends using PROWAG

• criteria where ADA Standards do not address an issue.

• RECOMMENDATION:

• Start learning PROWAG!

• www.access-board.gov/prowac/nprm.htm

QUESTIONS?